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A88256 To every individuall member of the Honourable House of Commons: the humble remembrance of Lieutenant Col. John Lilburn. Lilburne, John, 1614?-1657. 1648 (1648) Wing L2184; Thomason E461_36; ESTC R205207 8,888 8

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To every individuall Member of the Honourable House of COMMONS The Humble Remembrance of Lievtenant Col. JOHN LILBURN Honoured Sir September 4. 1648. VOuchasafe to take notice and seriously to consider That the first week this present Parliament sat which is now almost full eight years agoe I presented a humble Petition to the House of Commons for justice and right against the cruel Judges of the high Commission Court and the Starchamber and I had the honour the same day it was presented to be one of the first prisoners in England that was set at liberty by this Parliament and also received a speedy full faire and canded proceeding in the hearing and examining of my tyrannicall sufferings but by reason of multiplicity of publicke businesse c. I have not as yet been able to attain to the full end of my legall and just expectation and right viz. Reparations for my long sad and tormenting sufferings by the foresaid unjust and unrighteous Judges Be pleased also favourably to take notice That upon the first of August last there was an humble Petition presented to the Honourable House of Commons subscribed by many thousands of honest Citizens c. humbly to desire you to put me in the full possession of all your by past just Votes about my foresaid sufferings upon reading and debating of which Petition as inanswer to that particular of it your House were pleased to make this insuing Order Die Martis 1. Augusti 1648. Lord Carre Sir John Maynard Sir Peter Went worth Col. Bossell Col. Ludlow M. Copley M Holland IT is referred to this Committee or any five of them to consider how Col. John Lilburne may have such satisfaction and allowance for his sufferings and losses as was formerly intended him by this House Henry Elsing Cler. Dom. Com. unto which said Committee at there first sitting I presented a Petition the Copy of which thus followeth To the Honourable the Committee of the House of Commons appointed to consider of Lievt Col. Lilburns busines in reference to the Starchamber The humble Petition of Lievtenant Col. John Lilburn SHEWETH THat besides your Petitioners sufferings by reason of his banishment into the low Countries he was I committed by D. Lamb Gwin Aylet 1637. and afterwards had 3 years imprisonment in the common Gaole of the Fleet being whipt from Fleet-bridge to Westminster and enduring the cruel torment of above 500 stripes with knotted Cords afterwards being set in the Pillory for the space of two houres and by James Ingram Deputy Warden of the Fleet gagged tearing his Jawes almost in peeces without Order which sentence was given by Lord Keeper Coventry Earle of Manchester Lord privy Seal Lord Newburgh Sir Henry Vane Senior Lord Chief Justice Brampston and Judge Jones And after the barbarous execution of this sentence being April 18. 1638. The said Lord Coventry Arch Bishop of Canterbury Bishop of London Earle of Manchester Earle of Arrundell Earle of Salisbury Lord Cottington Lord Newburgh Secretary Cooke and Windebanke passed another sentence in effect for the Starving of your petitioner and for the tormenting of him with Irons upon both hands and legs night and day and by keeping him close in the common Gaole of the Fleet from the speech of any of his friends all which was executed with the greatest cruelty that could be for the space of almost three years together to the apparent hazard of his life both by starving him which was with all art and industry severall waies attempted and also by severall assaults made upon him by the said Wardens men instigated thereunto by the said deputy Warden to the mayming wounding him whereby to this day he is totally deprived of the use of two of his fingers All which with much more too tedious to be hear inserted was fully proved by sufficient witnesses before a Committee of your House whereof M. Francis Rouse had the Chaire upon whose report made May 4. 1641 Your House Voted That the sentence in the Star-chamber given against the said John Lilburne and all the proceedings there upon was illegall and against the liberty of the Subject and also bloody wicked cruel barbarous and tyrannicall and that he ought to have good reparations therefore which Votes by reason of multiplicity of businesse in your House cost your Petitioner some years of importunate and chargeable attendance to git them transmitted to the Lords which was obtained in Febr. 1645. The 13. day of which Moneth your Petitioners whol cause was effectually opened at the Lords Barre by his learned Councel M. Bradshaw and M. John Cooke and there every particular again proved upon Oath by testimony of people of very good quality whereupon they concurred in all things with the House of Commons saving in the matter of reparation but upon the delivery of a true narrative the Copy whereof is hereunto annexed which your Petitioner with his own hands in the same moneth delivered unto every individuall Lord they made a further decree that your petitioner should have 2000 li reparations out of the estates of the said Lord Cottington Sir Francis Windebank and James Ingram for the reasons alledged in an Ordinance which they passed in April 1646. and transmitted to your House where it hath lain dormant eversince and is now referred to the consideration of this honourable Committee Now forasmuch as by the judiciall Lawes of God which are the pure lawes of right reason he that wilfully hurteth his neighbour is bound to the performance of these five things First If it be a blemish or wound like for like or to redeem it with money thereby to satisfie him for his wound Secondly For his pain and torment Thirdly For the healing Fourthly For his losse of time in his calling Fiftly For the shame and disgrace all which are to be considered according to the quaility of the person damnified which reparations are to be paid out of the best of the goods of him that damnified him and that without delay And as the Law of God so the Lawes of this Nation doth abhorre and hath severely punished above all persons Judges manytimes with the losse of their lives and estates who under colour of Law have violated their Oaths and destroyed the lives liberties and properties of the People whom by law they should have preserved as may be instanced by the 44 Judges and Justices hanged in one yeare by King Alfred divers of them for lesse crimes then hath been done in this case of your petitioner As may be read in the Law book called the Mirrour of Justice translated and re-printed this very Parliament and by Justice Thorpe in Edw. the thirds time who was destroyed for the violation of his Oath for taking small sums of money in causes depending before him as appears in Cooks Institutes And by the Lord Chief Justice Trisillian c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the forenoon had his throat cut at Tyburne